PRINTER'S NO. 1861
No. 1236 Session of 2006
INTRODUCED BY D. WHITE, WAUGH, FONTANA, BOSCOLA, PUNT, PICCOLA, CORMAN, COSTA, GORDNER, ERICKSON, LEMMOND, ORIE, SCARNATI, RAFFERTY, PIPPY, RHOADES, WONDERLING, C. WILLIAMS, EARLL, KASUNIC, BROWNE, PILEGGI AND FERLO, JUNE 19, 2006
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JUNE 19, 2006
AN ACT 1 Establishing a grant program for volunteer emergency service 2 organizations to provide incentives for establishing 3 partnerships; conferring powers and duties on the Governor's 4 Center for Local Government Services within the Department of 5 Community and Economic Development; and providing for 6 funding. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short title. 10 This act shall be known and may be cited as the Volunteer 11 Emergency Service Partnership Grant Program Act. 12 Section 2. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Applicant." A volunteer emergency service organization. 17 "Application." A Single Application for Assistance provided 18 by the Department of Community and Economic Development.
1 "Assets." Anything owned that has exchange value, including, 2 but not limited to, cash, investments, vehicles, equipment, real 3 property and manpower. 4 "Association." An agreement of two or more companies to 5 combine and administer similar activities through an umbrella 6 organization. The term does not normally involve transfers or 7 combination of assets, as most costs of operations or programs 8 are shared. 9 "Center." The Governor's Center for Local Government 10 Services. 11 "Combination department." Any volunteer emergency service 12 organization with a paid staff complement comprising less than 13 20% of total active manpower complement. 14 "Company." Any volunteer emergency service organization. 15 "Consolidation." The combination of two or more companies 16 which results in the termination of all companies and the 17 creation of a new company with a new name. All assets and 18 liabilities of the former companies are transferred to the new 19 company. 20 "Department." The Department of Community and Economic 21 Development of the Commonwealth. 22 "Eligible activities." A formally executed association, 23 merger, consolidation, regional entity or other partnership not 24 defined by this act but approved by the Governor's Center for 25 Local Government Services and the Department of Community and 26 Economic Development. 27 "Eligible expenses." The legal expense of grant funds for 28 activities, products or services enumerated by this act or by 29 regulations. 30 "Formal agreement." An agreement in writing between two or 20060S1236B1861 - 2 -
1 more volunteer emergency service organizations. This term does 2 not include mutual aid agreements. 3 "Ineligible applicants or programs." Relief associations, 4 social clubs, retirement programs or Length of Service Award 5 Programs (LOSAP). 6 "Merger." The combination of two or more companies which 7 results in all but one of the companies relinquishing its name. 8 All assets and liabilities of joining companies are transferred 9 to the surviving company. 10 "Partnership." Two or more volunteer emergency service 11 organizations entering into a formal agreement to share or 12 combine assets, and possibly liabilities, to achieve a common 13 goal. 14 "Program." The Volunteer Emergency Services Partnership 15 Grant Program established in section 3. 16 "Regionalization." The combination of some assets of two or 17 more companies in order to accomplish specific objectives and 18 tasks. Each participating company may retain its identity. 19 "Volunteer emergency service organization." Any nonprofit 20 chartered corporation, association or organization located in 21 this Commonwealth which provides fire protection services, 22 emergency medical services or rescue services and other 23 voluntary emergency services within this Commonwealth. 24 Section 3. Volunteer Emergency Services Partnership Grant 25 Program. 26 (a) Authorization.--The Volunteer Emergency Services 27 Partnership Grant Program is established and shall be authorized 28 for a period of five years. The program shall be funded by 29 proceeds from the sale of bonds approved by Commonwealth voters 30 in the November 2002 general election. Total sale of bonds shall 20060S1236B1861 - 3 -
1 initially be $25,000,000 for the five-year period. This program 2 may be reauthorized and funded by vote of the General Assembly 3 at any time during or after the initial five-year period. 4 (b) Eligibility.--All volunteer emergency service 5 organizations located within this Commonwealth are eligible 6 applicants. Local governments may apply on behalf of volunteer 7 emergency service organizations, but grant funds shall not be 8 paid to local governments. 9 (c) Use of grant funds.-- 10 (1) Grant funds may be used for: 11 (i) Emergency response vehicles, excluding command, 12 officer or chief vehicles. 13 (ii) Building expansion, renovation or new buildings 14 but shall not be used for social hall renovations, 15 expansions or additions. 16 (iii) Reduction or elimination of debt. 17 (iv) Legal and administrative costs associated with 18 creating a formal partnership. 19 (v) Costs associated with development of a long- 20 range, ten years or more, capital budget or capital 21 expenditure plan. 22 (vi) Costs associated with and costs to maintain a 23 recruitment and/or retention plan. 24 (vii) Costs associated with the establishment of 25 live-in quarters. 26 Funds for eligible expenses may be used in more than one 27 location. Any use of funds not listed must be approved in 28 writing from the department prior to any of those funds being 29 expended. 30 (2) Grant funds shall not be used for: 20060S1236B1861 - 4 -
1 (i) Salaries. 2 (ii) Fundraising supplies or equipment. 3 (iii) Personal benefit programs for members. 4 Section 4. Limitation on grants. 5 (a) Limits.-- 6 (1) $100,000 for the creation of a formal partnership as 7 defined by this act. 8 (2) $50,000 for each company involved in a formal 9 partnership. 10 (3) $50,000 for each new company absorbed into or added 11 to an existing formal partnership. 12 (4) $20,000 for creation of each new association of 13 volunteer emergency service organizations. 14 (5) $20,000 maximum for design, creation and delivery of 15 education or communication programs designed to recruit and 16 retain members. Funds awarded under this activity are 17 restricted to this activity and may not be used for other 18 purposes. 19 (b) Conditions.-- 20 (1) Applicants shall provide proof of formal 21 partnerships by presenting verification of majority vote by 22 the membership of a company or companies to enter into a 23 formal partnership. Official meeting minutes shall qualify as 24 proof of a majority vote. Additionally, proof of creation of 25 a consolidated or merged company shall be supported by 26 Department of State registration. Any other form of 27 partnership not defined by this act shall be evaluated on an 28 individual basis by the department. 29 (2) All grant funds received by an entity eligible under 30 this act shall be placed in a separate fund of the 20060S1236B1861 - 5 -
1 organization and shall not be commingled with any other 2 funds. All vouchers for payments from the fund shall be 3 presented to the department staff upon demand for purposes of 4 monitoring compliance with this act. 5 (c) Retroactivity.--Any volunteer emergency service 6 organization that entered into and executed a formal partnership 7 on or after January 1, 1995, shall be eligible for funding under 8 conditions of this act. 9 Section 5. Applications and review of applications. 10 (a) Submittal.--Grant applications shall be submitted on the 11 department's Single Application for Assistance form. This form 12 is available electronically or by hard copy and may be acquired 13 by contacting the department. An application may be submitted 14 electronically or in hard copy form and shall be directed to the 15 center following submission. 16 (b) Factors.--In determining whether or not an applicant is 17 eligible for a grant, the center shall evaluate the application 18 on the basis of all of the following factors: 19 (1) Eligibility of the organization or organizations. 20 (2) Completeness of application. 21 (3) Submission of proper documentation as required by 22 this act. 23 (4) In the instance of an application for formal 24 recruitment or retention programs, a plan shall be submitted 25 with the application indicating how funds will be spent and a 26 schedule for the expense of those funds shall be provided. 27 (5) An applicant shall state that grant funds will be 28 maintained in a separate fund of the organization and shall 29 not be commingled with other funds. 30 Section 6. Verification of use of grant funds. 20060S1236B1861 - 6 -
1 (1) Volunteer emergency service organizations receiving 2 funding under this act shall establish and maintain a 3 separate fund for any grant. 4 (2) Department staff shall be responsible for ensuring 5 that all funds are spent in accordance with this act and any 6 ensuing regulations. 7 (3) Volunteer emergency service organizations shall, on 8 demand, provide the department with any requested information 9 regarding the placement, accounting and disbursement of any 10 grant funds awarded under this act. 11 Section 7. Funding. 12 (a) Sale of bonds.--Funding for this act shall be provided 13 by the sale of bonds approved and authorized by the voters of 14 this Commonwealth in the November 2002 general election. 15 (b) Time period.--The program shall be authorized for a 16 period of five years, financed by an initial $25,000,000 from 17 the sale of bonds approved by the voters of this Commonwealth in 18 the November 2002 election. 19 (c) Amount authorized.--This act authorizes $5,000,000 per 20 fiscal year for each of the five years provided for by this act. 21 (d) Rollover.--Any funds not used during a fiscal year shall 22 roll over to the successive fiscal year for purposes enumerated 23 under this act. 24 (e) Additional funds.--If additional funds are necessary 25 after five years, this act may be reauthorized and additional 26 bonds may be sold to finance the program. 27 Section 8. Administration. 28 (a) Administration.--Provisions of this act shall be 29 administered by the center. 30 (b) Regulations.--The center, through the department, shall 20060S1236B1861 - 7 -
1 promulgate regulations in order to carry out the provisions of 2 this act. 3 (c) Board of review.--In the event that an undefined 4 partnership is proposed by a company that is not clearly defined 5 by this act, the center shall create and appoint a board of 6 review comprised of the center policy manager in charge of the 7 program, the State Fire Commissioner, a representative from the 8 Department of Health and the deputy secretary for programs of 9 the department. Any decision of the board of review with regard 10 to any application for funding is final. 11 (d) Information.--The center shall provide, as necessary, 12 any information to applicants regarding eligibility, 13 applications and enforcement of grant provisions in the form of 14 informational and/or training sessions in no less than ten 15 locations throughout this Commonwealth in each of the five years 16 or each of the ensuing years of the program. 17 (e) Costs.--Costs for program administration shall be 18 provided from the $25,000,000 allocation and may include staff 19 salaries, training and training sites, printing and monitoring 20 costs as required by this act. 21 Section 9. Effective date. 22 This act shall take effect in 60 days. E30L35JLW/20060S1236B1861 - 8 -